Explanatory Note
(This note is not part of the Rules)
These Rules amend the Young Offender Institution Rules 1988 (“the 1988 Rules”), as amended.
They make two separate groups of changes. First, they make provision for the collection of samples from inmates for the purposes of conducting tests for the presence of controlled drugs and also introduce a new disciplinary offence of (when read with its defences) misusing a controlled drug. Secondly, they extend the scope of three existing disciplinary offences.
Amendments relating to controlled drugs
The amendments concerned are set out in paragraphs 1, 2, 5 and 7 of the Schedule.
Paragraph 2 sets out certain procedures which must or may be followed where an officer requires an inmate to provide a sample under the powers conferred by section 16A of the Prison Act 1952 (power to test prisoners for drugs) as inserted by section 151 of the Criminal Justice and Public Order Act 1994. Paragraph 5 of the Schedule inserts a new disciplinary offence into rule 50 of the 1988 Rules (offences against discipline) which, when read with the express defences to a charge under the offence created by the new rule 50A inserted by paragraph 7 of the Schedule, penalises misuse of a controlled drug. Paragraph 1 makes a consequential amendment to rule 1 (interpretation).
Amendments extending existing disciplinary offences
The amendments concerned are set out in paragraphs 3, 4 and 6 of the Schedule. These amend three paragraphs of rule 50 of the 1988 Rules (offences against discipline). For each of three existing disciplinary offences which penalise certain conduct by an inmate in relation to an officer, the scope of the offence is extended to cover the same conduct in relation to any other person (other than an inmate) who is at the young offender institution for the purpose of working there.